RENU KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) In our order dtd. 14/6/2023 we required Maharashtra Pollution Control Board (hereinafter referred to as "the MPCB") and all other Respondents to file their reply. It was further provided in the said order that a joint meeting of the Officers of the Mumbai Port Trust, MPCB and the Municipal Corporation concerned shall be held before reply affidavits are filed so that needless conflicts between these parties may be avoided.

(2.) Learned Counsel representing the MPCB has stated that in compliance of the said order of the Court, a meeting of the Officers was held on 4/7/2023. Minutes of the said meeting were also drawn and thereafter the Officers of the MPCB carried out a visit on the site on the basis of which, a visit report has also been prepared. The minutes of the meeting dated 4 th July 2023 are taken on record. From a perusal of the aforesaid Minutes of the Meeting, it is evident that except for discussing individual roles of the Officers of the respective authorities, no concrete, feasible and viable solution has been suggested in the said meeting. The visit report, based on the visit carried out by the Officers of the MPCB is also taken on record. According to the said visit report, no pollution was found and the reason for the same is that on account of monsoon, fishing activity is closed.

(3.) The menace of pollution on the Sassoon Dock at Colaba area is not being disputed by any of the Respondents. In our earlier order dtd. 14/6/2023, we have already observed that the Port Authority is the primary waste generator in terms of Rule 3(56) of the Solid Waste Management Rules 2016 (hereinafter referred to as "2016 Rules"). Based on the reading of the said 2016 Rules, it was also observed by the Court in its order dtd. 14/6/2023 that it will be joint responsibility of the Port Authority, Municipal Corporation and the MPCB to take effective steps to address the issue raised in this PIL Petition. However, even after the direction to hold a joint meeting of the Officers of these three organizations, no decision on any joint effort appears to be in sight.